Powell 484234 v. Michigan Department of Corrections

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MICHAEL LEON POWELL,

Plaintiff, Case No. 1:19-cv-627 v. HONORABLE PAUL L. MALONEY MICHIGAN DEPARTMENT OF CORRECTIONS, et al.,

Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Unknown Baker, Jack Bellinger, Unknown Briske, Unknown Doane, and Nicholas Radamaker filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on April 26, 2021, recommending that this Court grant the motion. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 29) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 17) is GRANTED. IT IS FURTHER ORDERED that for the same reasons the Court concludes that Plaintiff’s claims are properly dismissed, the Court also concludes that any issue Plaintiff might raise on appeal would be frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962). Accordingly, the Court certifies that an appeal would not be taken in good faith.

Dated: May 25, 2021 /s/ Paul L. Maloney Paul L. Maloney United States District Judge